The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.565

559.565 Enforcement action against out-of-state consumer debt collector.—The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55(11).

(1) An out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part is subject to an administrative fine of up to $10,000 together with reasonable attorney fees and court costs in any successful action by the state to collect such fines.

(2) A person, whether or not exempt from registration under this part, who violates s. 559.72 is subject to sanctions the same as any other consumer debt collector, including imposition of an administrative fine. The registration of a duly registered out-of-state consumer debt collector is subject to revocation or suspension in the same manner as the registration of any other registrant under this part.

(3) In order to effectuate this section and enforce the requirements of this part as it relates to out-of-state consumer debt collectors, the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any state or federal court of competent jurisdiction.

History.—ss. 5, 13, ch. 93-275; s. 818, ch. 97-103; s. 2, ch. 2010-127; s. 7, ch. 2014-116.

F.S. 559.565 on Google Scholar

F.S. 559.565 on Casetext

Amendments to 559.565

Arrestable Offenses / Crimes under Fla. Stat. 559.565

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.565.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BANK OF AMERICA, N. A. BAC LP, f k a LP, v. C. SIEFKER a k a CCM, 201 So. 3d 811 (Fla. Dist. Ct. App. 2016)

. . . . § 559.565.... . . .

BRINDISE v. U. S. BANK NATIONAL ASSOCIATION,, 183 So. 3d 1215 (Fla. Dist. Ct. App. 2016)

. . . . § 559.565. We are unaware if the Brindis-es availed themselves of these procedures. . . .

LeBLANC, v. UNIFUND CCR PARTNERS, ZB, 601 F.3d 1185 (11th Cir. 2010)

. . . . § 559.565. Relevant to the question presented here, the FDCPA and FCCPA have certain parallels. . . .

LEBLANC, v. UNIFUND CCR PARTNERS, G. P. ZB, 552 F. Supp. 2d 1327 (M.D. Fla. 2008)

. . . . §§ 559.565, 559.785. However, the statute does not authorize a private cause of action. . . .

S. TRENT, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 618 F. Supp. 2d 1356 (M.D. Fla. 2007)

. . . As MERS points out, (1) § 559.565(3) charges the Attorney General with effectuating the registration . . .

FERGUSON, v. CREDIT MANAGEMENT CONTROL, INC., 140 F. Supp. 2d 1293 (M.D. Fla. 2001)

. . . . §§ 559.72 and 559.565 (Count II). • On October 26, 2000, defendant filed a motion for summary judgment . . . state law claim raises a novel question of Florida law, i.e., the interpretation of §§ 559.72(9) and 559.565 . . .

COASTAL PHYSICIAN SERVICES OF BROWARD COUNTY, INC. v. ORTIZ,, 764 So. 2d 7 (Fla. Dist. Ct. App. 1999)

. . . See, e.g., § 559.565. . . .